Fitness to Study Policy and Procedure. May 2016

Fitness to Study Policy and Procedure May 2016

Document title Fitness to Study Policy and Procedure May 2016 Document author and department Stephen Wiggins, Academic Registrar, Academic Registry Approving body Responsible person and department Stephen Wiggins, Academic Registrar, Academic Registry Date of approval Academic Council Chair s action 3 May 2016 Review date Edition no. ID Code Date of effect January 2019 2 177 9 May 2016 EITHER For public access online (internet)? Tick as appropriate OR For staff access only (intranet)? Tick as appropriate Yes 3 Yes For public access on request copy to be mailed Tick as appropriate Password protected Tick as appropriate Yes 3 No Yes No 3 External queries relating to the document to be referred in the first instance to the Corporate Governance team: email corporate-governance@port.ac.uk If you need this document in an alternative format, please email corporate.communications@port.ac.uk The latest version of this document is always to be found at: http://policies.docstore.port.ac.uk/policy-177.pdf

Contents... Page no. Summary... 4 1. What is fitness to study?.... 4 2. The purpose and scope of this Policy.... 4 3. Applicants to the University and Fitness to Study... 5 4. Grounds for concern about a student s fitness to study.... 5 5. Raising a Fitness to Study concern.... 5 6. Confidentiality and the sharing of information.... 5 7. Actions upon initial concerns 7.1 Concerns raised by Academic staff... 6 7.2 Concerns raised by DCQE staff.... 6 7.3 Concerns raised by Chairs of University Panels... 6 8. Consideration of a Fitness to Study Panel... 6 9. Arrangements for a Fitness to Study Panel... 7 10. Returning to study.... 8 11. Appeals.... 8 12. Nominees... 9 Annex A Process maps... 10 Annex B Related policies/procedures... 12 UNIVERSITY OF PORTSMOUTH FITNESS TO STUDY POLICY AND PROCEDURE MAY 2016 3

Fitness to Study Policy and Procedure Summary What is this Policy about? Fitness to study relates to an individual s capacity to engage fully with their studies to meet the learning outcomes of their programme, with reasonable adjustments where necessary/appropriate, within the limitations that they are able to do so in safety, and without endangering the safety or wellbeing of themselves or others. Who is this Policy for? The scope of this Policy covers students studying full-time, part-time and distance-learning at the University of Portsmouth for all levels of study. How does the University check this Policy is followed? Academic staff should normally discuss any cases with the Faculty s Fitness to Study Adviser (FSA), which is usually the Associate Dean (Students), but may be another member of Faculty staff as determined by the Faculty. Administration staff should raise their concern with the Course Leader or Personal Tutor of the student who in turn will discuss with the FSA. Other students should raise the concern with their Tutor or Course Leader who in turn will discuss with the FSA. The FSA will at all times seek advice from specialist staff in the Department for Curriculum and Quality Enhancement (DCQE). The Academic Registrar acts as the gatekeeper for Fitness to Study cases. Who can you contact if you have any queries about this Policy? Please contact the Academic Registrar stephen.wiggins@port.ac.uk or the Additional Support and Disability Advice Centre by emailing asdac@port.ac.uk. 1. What is fitness to study? 1.1 The University is committed to supporting student wellbeing and recognises that a positive approach to the management of physical and mental health is crucial to student learning and academic achievement. 1.2 Fitness to study relates to an individual s capacity to engage fully with their studies to meet the learning outcomes of their programme, with reasonable adjustments where necessary/appropriate, within the limitations that they are able to do so in safety, and without endangering the safety or wellbeing of themselves or others. 1.3 There may be circumstances where a student s personal situation makes them fit to study but unfit to live in University accommodation; this is dealt with by the Fitness to Reside Policy. 2. The purpose and scope of this Policy 2.1 The scope of this Policy covers students studying full-time, part-time and distance-learning at the University of Portsmouth for all levels of study. 2.2 Certain professional programmes have fitness to practice procedures that operate outside the scope of this Policy and the consideration of student s fitness to sit, or submit assessments, is covered by a separate procedure. 2.3 The purpose of this Policy is: to provide a suitable, coordinated and proportionate response by academic and professional services staff in circumstances where a student may require help/intervention and it is not considered appropriate to apply other internal procedures (see Annex B for related/complementary procedures/policies); to encourage early intervention and active collaboration between relevant staff and the student in question in managing situations where there are concerns regarding fitness to study; 4 FITNESS TO STUDY POLICY AND PROCEDURE MAY 2016 UNIVERSITY OF PORTSMOUTH

to provide a consistent and sensitive approach to the management of situations as this may require different levels of response according to the perceived level of concern or potential risk; to encourage and support continued participation by the student in their studies whenever possible, even after a period of suspension. 3. Applicants to the University and Fitness to Study 3.1 Applicants to a programme of study at the University, who declare a health condition or disability, will be subject to Fitness to Study consideration. 3.2 For further information individuals should consult the University s Admissions Policy (www.port.ac.uk/ university-admissions-centre/) which provides guidance on such matters. 4. Grounds for concern about a student s fitness to study 4.1 Grounds for concern about a student s fitness to study may include, but not be restricted to, the following: the student poses a risk to his/her own health, safety and/or wellbeing and/or that of other persons; the student s behaviour is, or is at risk of, negatively affecting the teaching, learning and/or experience of others in the University community; the student s behaviour is, or is at risk of, negatively affecting the day-to-day activities of the University or placement provider. 4.2 In responding to a ground for concern, where the student s behaviour is such that it would usually be dealt with as a disciplinary matter, but it is known that there is a relevant, pre-existing physical or mental health difficulty (or one subsequently disclosed by the student), the application of the usual disciplinary procedures are inappropriate in the initial handling of the concerns. 5. Raising a Fitness to Study concern 5.1 Concerns about a student s fitness to study may be raised by the student or by a third party i.e. other students, Academic staff, Administration staff, DCQE staff, or by the Chair of a University Panel, either whilst the student is at University or whilst engaged in University-led outside activities such as work placements or field trips. 5.2 Academic staff should normally discuss any cases with the Faculty s Fitness to Study Adviser (FSA), which is usually the Associate Dean (Students), but may be another member of Faculty staff as determined by the Faculty. Administration staff should raise their concern with the Course Leader or Personal Tutor of the student who in turn will discuss with the FSA. Other students should raise the concern with their Tutor or Course Leader who in turn will discuss with the FSA. The FSA will at all times seek advice from specialist staff DCQE. The Academic Registrar acts as the gatekeeper for Fitness to Study cases. 6. Confidentiality and the sharing of information 6.1 The University will follow all its relevant policies in relation to confidentiality of data. For fitness to study matters the University seeks to limit access to sensitive personal information to those who require it to enable the student s fitness to study to be established and/or who need it to support the student. 6.2 Staff should discuss with the student the need/desirability to be able to share personal data with other members of staff on a need-to-know basis. Where possible, an agreement should be reached with the student on who their sensitive personal data (health data) can be disclosed to and their written consent to this obtained. The student should be made aware that they may change/remove their consent at any time but conversely, that if their situation deteriorates, it might be necessary to share their data with health professionals without their prior consent. UNIVERSITY OF PORTSMOUTH FITNESS TO STUDY POLICY AND PROCEDURE MAY 2016 5

7. Actions upon initial concerns 7.1 Concerns raised by Academic staff 7.1.1 Where a member of Academic staff becomes concerned that a student may be unfit for study, or such concern has been brought to their attention by a student or member of staff, then they should raise the issue with the FSA. The FSA will check that appropriate advice is sought from DCQE and then will arrange for themselves and the relevant academic (or the student s Personal/Senior/Academic Tutor) to meet with the student (the meeting should be in person wherever possible, however in exceptional circumstances, or for particular student groups where this might not be possible, such as distance learning students, then other means may be used e.g. Skype). 7.1.2 It is permissible for the student to be accompanied by a friend to the meeting, who may be another University of Portsmouth student or an officer from the University of Portsmouth Students Union, and the student should be informed of this when they are invited to the meeting. 7.1.3 At the meeting it should be explained to the student, in a supportive and understanding way, that concerns about their fitness to study have emerged. The student will be made aware of the precise nature of the behaviour that has caused the concern. The staff will attempt to resolve the matter by informal discussions with the student. The student should be encouraged to explain their views on the matter and should be encouraged to use the support services offered by the University. The staff should consider with the student whether any specific academic arrangements or other types of support could be applied to help the student to study more effectively, such as a managed study plan. 7.1.4 It is anticipated that in most cases the concerns can be resolved at this stage and that the student will engage with this process and access the student support services that are available to them at the University or with external organisations. Any plans agreed between the staff and the student should be set out in a letter to the student so it is clear what has been agreed. 7.1.5 A review period should be established, by agreement between the student and the staff. Sufficient time should be given to allow the student to consider their behaviour and seek support. At the review meeting the steps taken to address the concerns should be discussed. 7.1.6 Further meetings may be scheduled to monitor the situation and progress made by the student. The FSA, or appropriate member of staff, should, if required, help the student access the support available to them to enable them to continue with their studies and engage in university life. The general expectation is that the student will take personal responsibility and fully engage with the support recommended by staff. 7.1.7 The FSA will ensure that advice is sought from DCQE at all times as necessary. 7.1.8 If the student has not engaged with the initial attempt to resolve the concerns, e.g. the concerns have not been addressed, support has not been sought, and the FSA feels that progress has not been made, then the case can be referred to the Academic Registrar. 7.2 Concerns raised by DCQE staff 7.2.1 Where a concern is raised by a member of DCQE staff regarding a student s fitness to study, then the service will follow their own appropriate procedures in their work with students. 7.2.2 If it is deemed necessary by the member of staff that a Fitness to Study Panel should be convened, the matter is referred to the relevant DCQE Head (e.g. Wellbeing, ASDAC). The Head will liaise with the relevant FSA and, if upon consideration it is agreed that a Fitness to Study Panel should be sought, the matter is referred to the Academic Registrar. 7.3 Concerns raised by Chairs of University Panels During the course of a University Panel, e.g. disciplinary, complaint, appeal, fitness to practice etc, the Chair of the Panel believes that a Fitness to Study Panel is necessary, the matter should be referred to the Academic Registrar. 8. Consideration of a Fitness to Study Panel 8.1 Where the Academic Registrar receives a referral for a Fitness to Study Panel from an FSA, the Academic Registrar will confer with the relevant Head in DCQE. If satisfied that a Fitness to Study Panel would be appropriate in the circumstances, the Academic Registrar shall convene a Fitness to Study Panel. 8.2 Where the Academic Registrar receives a referral for a Fitness to Study Panel from a DCQE Head of Service, the Academic Registrar will satisfy themselves that the FSA has been consulted and that a Fitness to Study Panel would be appropriate in the circumstances. If this is so, the Academic Registrar shall convene a Fitness to Study Panel. 6 FITNESS TO STUDY POLICY AND PROCEDURE MAY 2016 UNIVERSITY OF PORTSMOUTH

8.3 Where the Academic Registrar receives a referral for a Fitness to Study Panel from a Chair of a University Panel, the Academic Registrar will confer with the relevant Head in DCQE and the relevant FSA. If satisfied that a Fitness to Study Panel would be appropriate in the circumstances, the Academic Registrar shall convene a Fitness to Study Panel. 9. Arrangements for a Fitness to Study Panel 9.1 After the decision that a Fitness to Study Panel should be convened, the Academic Registrar will appoint a Panel and Secretary, who have no previous involvement with the matter, to consider the case. 9.2 The Panel shall consist of: i) a member of Academic Council or an Authorised Person as Chair; ii) a member of Academic Council or an Authorised Person; iii) a student nominated by the Students Union Council. 9.3 The Secretary shall give formal notice to the student of the Panel. The formal notice shall consist of: i) the date, time and venue of the Panel; ii) details of where help and advice may be sought; iii) a copy of any documentary evidence that may be considered; iv) details of their right to representation or support at the Panel. 9.4 The formal notice shall be deemed to have been received by the student if a copy of the document is sent by recorded delivery to both the student s local address and home address. 9.5 The Secretary shall supply all members of the Panel with copies of the formal notice issued to the student. 9.6 An Inquiry shall be held to allow the presentation and consideration of evidence. The Inquiry shall be governed by the Inquiry Procedure Rules of the University. 9.7 If the student is unable to attend they can submit a written statement of case to the Secretary which will be considered at the Inquiry. Should a student be unable to attend, and does not submit a written statement, the Inquiry may proceed regardless. 9.8 Having considered the evidence presented at the Inquiry, the Panel shall determine whether the student is fit to study. The Panel shall determine one of the following outcomes: The student is fit to study and the case should be dismissed in this case the student should be advised what behaviour caused the concern and how it should be avoided in the future it may be that disciplinary action is instead necessary, in these cases the appropriate regulations will be followed The student is fit to study if a managed study plan is followed the Panel should liaise with the relevant FSA and DCQE to ensure that the requirements of the managed study plan can be adhered to The student is unfit to study and will not be fit to study in the foreseeable future having taken advice from the FSA and DCQE, the student should be excluded The student is unfit to study but may be fit to study after a determined period of time having taken advice from the FSA and DCQE Services, the student should be temporarily suspended 9.9 Suspension if the Panel concludes that a student must take some time out from study then they are suspended. A student who is suspended from the University may be prohibited from participating in University activities and may either be prohibited from entering the University premises or have restricted rights to enter the premises. The terms of the suspension will, where possible, be communicated to the student directly, as well as being notified to the student in writing. The period of suspension may vary depending on the individual circumstances of the case and the time of year at which the case is raised. Students returning from suspension must satisfy the Return to Study criteria (see section 10. Returning to study). 9.10 Exclusion if the Panel concludes, taking into account the individual circumstances of the case and any supporting medical evidence, that there is no reasonable prospect of the student re-engaging with their programme in the short to medium term, a recommendation will be made that the student is excluded. This recommendation should only be made in the most serious cases. UNIVERSITY OF PORTSMOUTH FITNESS TO STUDY POLICY AND PROCEDURE MAY 2016 7

9.11 As soon as possible after the Panel has made its decision, the Secretary shall issue the Decision Notice. The Decision Notice shall consist of the following: i) a summary of the major points made during the Inquiry; ii) a concise rationale of its findings; iii) a concise statement of the Panel s findings; iv) an explanation of the student s right of appeal. 9.12 The Decision Notice shall be copied to the student s Head of Department, the FSA, and DCQE. 10. Returning to study 10.1 Where a student was temporarily suspended and is at the point of returning to study, it must be determined that they are fit to return. The relevant FSA, relevant Course Leader, and relevant DCQE Head will meet to consider whether the student is fit to return to study. 10.2 Further evidence will be requested from the student that considers their ability to fully engage with their studies and meet the requirements of the programme. A student will only be permitted to return if, after receiving the appropriate evidence, the FSA, Course Leader and relevant DCQE Head are satisfied that the individual is fit to study. 10.3 Where an overseas student has returned home, and appropriate evidence cannot be provided, it may be necessary for the student to return to the UK to be assessed by an appropriate professional; University of Portsmouth DCQE staff will advise on this matter. 10.4 Where a student returns to study after a temporary suspension under this Policy the FSA, Course Leader and relevant DCQE Head will consider any support that the student may require to facilitate a return to studies, such as regular review meetings or a return to study action plan. The general expectation is that the student will take personal responsibility for fully engaging with this support. 10.5 Where the FSA, Course Leader and relevant DCQE Head are not satisfied that the individual is fit to study, they shall not be permitted to return to the course and will be excluded. 11. Appeals 11.1 A student shall have the right of appeal against the findings of the Fitness to Study Panel and/or against the determined outcome. No other person may appeal. 11.2 An appeal is lodged by the submission of a signed and dated statement from the student to the Academic Registrar, which should be headed Statement of Appeal. 11.3 A Statement of Appeal must be lodged within ten working days of the date of issue of the Decision Notice. 11.4 The Statement of Appeal must be based on one or more of the following grounds: i) a material procedural irregularity in the investigation or the way in which the Panel hearing was conducted, which might have impacted significantly on the validity of the original Inquiry and the subsequent outcome; ii) new evidence that could not reasonably have been made available to the initial Panel, and can be expected to potentially have led the Panel to have made a different decision; iii) that the outcome was perverse when the circumstances of the case and the treatment of other students in similar positions are considered. 11.5 The appellant may withdraw the Statement of Appeal at any time before the issue of an Appeal Decision Notice. In such cases, the appeal shall be deemed to have failed. 11.6 As soon as possible after the receipt of a Statement of Appeal the Academic Registrar shall determine whether it is valid in accordance with section 7.4. 11.7 As soon as possible after the decision that an Appeal is valid, the Academic Registrar shall appoint an Appeal Panel and Secretary, who have had no previous involvement with the matter. 8 FITNESS TO STUDY POLICY AND PROCEDURE MAY 2016 UNIVERSITY OF PORTSMOUTH

11.8 For appeals against the outcome of a Fitness to Study Panel, the Appeal Panel shall consist of: i) a member of Academic Council or an Authorised Person as Chair; ii) a member of Academic Council or an Authorised Person; iii) a student nominated by the Students Union Council. 11.9 The Appeal Panel shall convene to consider the grounds of appeal. The Inquiry Procedure Rules of the University shall govern an Appeal Inquiry. The persons entitled to appear at the Inquiry shall be the student lodging the Statement of Appeal and those relevant to the determination of the Fitness to Study decision. 11.10 Having considered the evidence, the Appeal Panel shall determine the appeal and can uphold, amend or rescind the decision of the original hearing. In amending any outcome, the Appeal Panel shall take advice from the Academic Registrar with particular reference to precedents and comparability. Any outcome determined by the Appeal Panel shall replace entirely any outcome determined by the original Panel. 11.11 As soon as possible after the determination of the appeal the Secretary shall issue to the student an Appeal Decision Notice which will consist of the following: i) a summary of the major points made during the appeal; ii) a concise statement of the Appeal Panel s findings, along with rationale; iii) the necessary Completion of Proceedings Information. 11.12 The Appeal Decision Notice shall be copied to the Chair of the Fitness to Study Panel, the Head of Department and any other parties agreed at the Appeal Panel. The decision shall be reported to Academic Council and to the Board of Governors. 12. Nominees References in these Regulations to the holders of any office shall be construed to refer either to the office holder or to their respective nominee. UNIVERSITY OF PORTSMOUTH FITNESS TO STUDY POLICY AND PROCEDURE MAY 2016 9

Annex A Process maps Flow diagram for section 7 actions upon initial concerns Concern raised by Student DCQE Services provide advice Arrange meeting with Student Student attends meeting Concern raised by Academic Concern raised by Administrator Fitness to Study Adviser (FSA) considers concern Arrange meeting with Student Student attends meeting Agree actions and follow-up timetable Arrange follow-up meeting with Student Student attends follow-up meeting Student attends follow-up meeting Concerns remain Letter from FSA to close case End Consider Fitness to Study Inquiry Panel Concern raised by DCQE DCQE Services follow own appropriate procedures Case referred to relevant DCQE Head Consider Fitness to Study Inquiry Panel Refer to Academic Registrar Fitness to Study Adviser (FSA) provides advice Panel determined as unnecessary End Concern raised by Chair of University Panel 10 FITNESS TO STUDY POLICY AND PROCEDURE MAY 2016 UNIVERSITY OF PORTSMOUTH

Flow diagram for sections 8 11 Fitness to Study Panel and Appeals Referral from Fitness to Study Adviser (FSA) Referral from relevant DCQE Head Referral from Chair of University Panel Academic Registrar Relevant DCQE Head provides advice as necessary Consider Fitness to Study Inquiry Panel FSA provides advice as necessary Academic Registrar appoints a Panel and Secretary Case returned to referrer to be handled through normal support channels Fit to Study now or soon Fitness to Study Panel occurs Student is unfit to study, but may be fit to study after a determined period of time Student is fit to study if managed study plan followed Student is fit to study End Panel makes recommendation Not Fit to Study now or soon Exclusion from the University Decision Notice sent to student Appropriate arrangements made End Student accepts decision of Panel Student submits Statement of Appeal Academic Registrar determines validity Appropriate arrangements made End Appeal upheld Decision Fitness to Study Appeal Panel occurs Academic Registrar appoints Appeal Panel and Secretary Appeal dismissed UNIVERSITY OF PORTSMOUTH FITNESS TO STUDY POLICY AND PROCEDURE MAY 2016 11

Annex B Related policies/procedures Student Mental Health Wellbeing Policy http://policies.docstore.port.ac.uk/policy-079.pdf Guidelines for Staff: Student Mental Health www.port.ac.uk/media/contacts-and-departments/student-support-services/asdac/downlofsa/ Guidelines-for-Staff---Student-Mental-Health.pdf Data Protection Policy http://policies.docstore.port.ac.uk/policy-022.pdf 12 FITNESS TO STUDY POLICY AND PROCEDURE MAY 2016 UNIVERSITY OF PORTSMOUTH

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